LA5: Use of a flashlight on a car is still a plain view

Using a flashlight to look in a car was still a valid plain view. State v. Williams, 2021 La. App. LEXIS 767 (La. App. 5 Cir. May 13, 2021).

Where the alleged OWI offender was incapacitated, Mitchell applies to his blood draw, and the case is remanded to the trial court because it didn’t have the benefit of Mitchell when it heard the motion to suppress. State v. McGee, 2021 Iowa Sup. LEXIS 61 (May 14. 2021).

“Alone, the officers’ complaints and the tipster’s statement—even combined—would not cross the probable cause threshold. But, considering these pieces of evidence regarding activity at the residence against the backdrop of the traffic stop circumstances, Lawson’s criminal history, and Officer’s Salyer’s averments concerning his training and experience working on drug trafficking investigations, the affidavit established a sufficient nexus between Lawson’s ongoing drug activity and the Hays Fork Lane property.” “In any event, even if the affidavit did not establish probable cause as required, it is clear on this record that a reasonably well-trained officer could have believed that it did.” United States v. Lawson, 2021 U.S. Dist. LEXIS 92103 (E.D. Ky. Apr. 27, 2021).*

This entry was posted in Drug or alcohol testing, Nexus, Plain view, feel, smell. Bookmark the permalink.

Comments are closed.